Scale Up Visas 

1. Eligibility

There are certainly requirements when it comes to this new visa program. Here is who qualifies for a UK Scale-up Visa.

High Growth Companies

Businesses must provide proof that they are eligible to sponsor foreign employees in order to be accepted. Currently, the company needs to show three years of average revenue and 20% overall staff growth in order to be eligible. A minimum of 10 people must be employed by qualifying enterprises at the start of the previously indicated three-year period.

To issue a Certificate of Sponsorship, scale-up businesses must be shown as A-rated on the list of approved UK sponsors (i.e. scale-up visa UK companies list).

According to the ScaleUp Institute, there are more than 36,000 high-growth businesses that qualify under that criteria. The government is considering softening the requirements to include other companies that are anticipating high growth, as well.

Qualified Workers

Due to the newness of this visa programme, not every requirement is confirmed yet. However, it’s expected that applicants will be able to qualify if they meet the following criteria:

To qualify for a Scale-up Worker visa, you must:

• have a job offer from an approved scale-up business lasting a period of at least 6 months
• have a Certificate of Sponsorship (CoS) from their employer
• have a job on the list of eligible occupations
• meet the minimum salary requirements: £34,600 per year or the ‘going rate’ for the type of work
• meet the English language requirements

2. Important information for the EU, Switzerland, Norway, Iceland and Liechtenstein citizens

You may be eligible to apply for the free EU Settlement Scheme if you or a family member moved to the UK by December 31, 2020.

For most people, the deadline to apply was June 30, 2021. Applying is still possible if either:

• you have an extended deadline; for instance, you are joining a family member who moved to the UK by December 31, 2020
• you have ‘reasonable grounds’ for being unable to apply by 30 June 2021 – for example, you had an illness or were the victim of domestic abuse

Otherwise, you need a visa to work in the UK.

Irish nationals are exempt from applying to the EU Settlement Scheme or for a visa.

3. Scale-up visa English language requirements

To meet the English language requirements for the scale-up visa, you must either:

• come from an eligible country
• have a school-level qualification gained by studying at a UK school that you began when you were under 18
• have a degree or higher taught in English
• pass an approved English test at CEFR level B1 or higher

4. Job Requirements for the Scale Up visa

Jobs offered by business sponsors must fulfil a couple of requirements in order to be eligible for the Scale-Up visa scheme.

First of all, the position must be real. Your application may be rejected if the Home Office has any grounds to suspect that the employment you have been given is fake, not real, or was made specifically to help you obtain a Scale-Up visa.

Additionally, the Home Office needs to be assured that you won’t sign a contract, take on a position, or provide regular services for a third party who isn’t the sponsor listed on the sponsorship certificate.

You will normally automatically meet the minimum skill level for the Scale-Up visa if the role you’ve been offered is on the eligible list of jobs for the Scale-Up route on the UK government’s website. This list also includes information such as occupation codes, job types and related job titles.

Note that your employer must select the appropriate occupation code for the role they are sponsoring you for. The Home Office may refuse your visa application if they believe that your employer has selected an incorrect or inappropriate occupation code.

The Home Office will review your application for a visa based on a number of factors, including whether the company actually needs the job that you are applying for, whether you have the necessary training, experience, and credentials, and whether the company has a history of known immigration violations.

5. Applying for a UK Scale Up Visa

Scale-Up visa applicants must apply for the visa online from either outside or inside the UK.

As part of the Scale-Up visa application process, you must provide a range of documents to prove your identity. You may also be required to attend an appointment at a local visa application centre in order to give your biometrics information in the form of your photograph and fingerprints.

If you want to change your employer during the first 6 months of working in your sponsored job, you must apply to update your visa.

Your partner and children can apply to join you or stay in the UK as your ‘dependants’ if they’re eligible.

6. Switching to the Scale-Up visa

In order to apply for moving from another immigration route within the UK to the Scale-Up route, you cannot be a visitor, short-term student, parent of a student, domestic worker, seasonal worker, or have been granted permission to leave the country in violation of immigration laws.

Additionally, if you plan to switch to this visa from a Student visa, one of the following must apply to you:

• you have completed the course you were sponsored to study on your Student visa
• the start date of your job is after the completion date of your course
• you have been studying for a PhD for at least 24 months

7. How long you can stay

You can stay in the UK with a Scale-up Worker visa for 2 years. You’ll need to apply to extend your visa when it expires. You can extend your visa as many times as you like by 3 years, as long as you still meet the eligibility requirements.

You might be eligible to apply for “indefinite leave to remain,” which is another name for permanent residency in the UK, after five years. This grants you the freedom to come and go as you want, live, work, and study here, and apply for benefits if you qualify.

8. When to apply

You can apply for a visa up to 3 months before the day you’re due to start work in the UK. Your sponsorship certificate mentions this date.

9. Getting a decision

Following your online application, identification verification, and submission of supporting documentation, you should receive a decision regarding your visa within:

• 3 weeks, if you’re outside the UK
• 8 weeks, if you’re inside the UK

Paying an additional fee could enable you to receive a decision more quickly.

10. How much it costs

You, your partner or children will each need to pay the application fee (£715).

In addition, you need to pay the healthcare surcharge for each year of your stay and prove you have enough personal savings.

11. What you can and cannot do

With a Scale-up Worker visa you can:

• work in your sponsored job for at least 6 months
• leave your sponsored job after 6 months
• study
• take on additional work, including becoming self-employed
• do voluntary work
• bring your partner and children with you as your ‘dependants’, if they’re eligible
• travel abroad and return to the UK
• apply to settle permanently in the UK if you’ve lived in the UK for 5 years and meet the other eligibility requirements

You cannot:

• apply for public funds or the State Pension
• work as a professional sportsperson

12. How can our company help?

To assist our clients with every stage of the Scale-up Worker visa process, we provide an Application Package. With this service, where our advisers will assist you with completing the application, verifying that all the information is correct, and ensuring that you have all the necessary supporting documents. Additionally, our advisers will be available at any time to address any queries you may have about your application.

If you’re not eligible for a Scale-up Worker visa, you may be eligible for another type of visa to work in the UK. Contact our immigration advisers for additional details on the Scale-Up visa, your eligibility requirements, or any other questions you may have about moving to the UK to live and work.